17d
a
Approved and ordered this
.17th
day of
, AD. B/b
— ilearlerrent-Governer?
Administrator.
At the Executive Council Chamber, Victoria,
PRESENT:
The Honourable
in the Chair.
Mn Oliver
Mn Vanson
Mr. Sutherlo nd
Mn 7ZeeLean
Mr.
Mn
Mn
Mn
""im115:YNtAWM.W b le
The Ibieufewm4-Gemmmer in Council:
The undersigned has the honour to REPORT:
--
THAT on the 17th day of January, 1924, B.E. DR3W of
Parkeville, B.C., was convicted by L.A. Dodd, Stipendiary
iJagistrate, Iianaimo, B.C., of an infraction of the "Game Aot",
to wit, having grouse in possession during the close season.
and for said offence was aentenoed to pay a fine of 020.00
and 02.00 °gets.
THAT the said B.E. DREW has made application for a
remission of the fine imposed on the grounds that on December
24th, 1923, previous to his conviction, he had notified the
Provincial Police of damage being done to his garden by grouse
and at the same time requested a permit to kill same; that expecting to receive a permit in due course, he did on the 6th
and 7th January, 1924, kill four grouse and that on the 11th
January, 1924, the .erovinoial Constable came to investigate
his complaint and upon finding that the grouse had been killed
laid an information against him.
THAT the convicting Magistrate reports as follows:--
•
" The facts as outlined by Mr. Drew cover praotioally everything that came out in the evidence and are fairly stated by him.
"
The reason I thought suspended sentence should meet the ends
of justice in this case was that I considered Mr. Drew should have
had a reply to his letter of the 24th December to VA Chief Constable for a permit to shoot these grouse, whereas Constable
Marshall was not able to proceed to Ur. Drew's farm to make the
investigation until 11th January.
"
It is true that it is hardly likely a permit would have been
issued but from my previous knowledge of Jr. Drew I am satisfied
that had his letter of 24th Dec. been answered immddintely and
he had been told that he could not have the desired permit, or
that a Constable would be out to investigate the matter, he would
not have shot the birds. As a matter of fact he was honest and
above board in the whole matter and handed the birds over to
Constable Marshall whereas he could easily have hidden or destroyed
them.
I would recommend a refund of the fine and costs."
THAT it is deemed right and conducive to the public good
that
the
fine of 010.00 and 02.00 costs imposed on the said B.E. DREW
be remitted.
/?
2
/ b\
- 2 -
THE UNDERSIGNED HAS THEREFORE THE HONOUR TO RECOMMEND THAT
under the provisions of section 43(1) of chapter 222, "Revised
Statutes of British Columbia, 1924," the fine of $10.00 and 22.00
coats imposed on the said B.E. DREW be remitted.
ADD THAT a certified oopy of this Minute, if approved, be
forwarded to the Superintendent of 2rovinoial Police, Victoria, B.C.
DATHD this
day of February. A.D. 1925.
A.
Attorney-General.
APPROVED this
1
day of February, A.D. 1925.
.Presiding
Lember of the Executive Counoil.